Dismissal

A dismissal is the termination of an individual's employment by the employer. Employees have a right not to be unfairly dismissed from employment.

Before dismissing an employee, employers need to make sure that they have a potentially fair reason. The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”.

A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.


Employees who have watched American films may be surprised that there is no right to legal representation at disciplinary hearings in the UK. Photo: Moviestore Collection/REX/Shutterstock.

Companions at disciplinary hearings: difficult scenarios for HR

On paper, a worker’s right to be accompanied at a disciplinary hearing is one of the simplest employment rights there...

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Top 10 HR questions May 2017: Some other substantial reason

5 Jun 2017

Perhaps the general election means that the collective HR consciousness has its mind elsewhere, or maybe it’s the effect of...

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Social media misconduct: dismissal harsh but fair

17 May 2017

An employment tribunal has held that the dismissal of a long-serving employee over derogatory comments she made on Facebook about...

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GDPR

Top 10 HR questions April 2017: General Data Protection Regulation

4 May 2017

The General Data Protection Regulation (GDPR) will introduce significant changes to the data protection regime, along with increased penalties for...

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Short-term sickness absence policy: a 15-step guide for HR

3 May 2017

Putting together a short-term sickness absence policy can be one of the most daunting tasks an HR professional can face....

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Long-term sickness absence policy: a 16-step guide for HR

3 May 2017

A watertight long-term sickness absence policy can give employees who are off work for an extended period the best chance...

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Tribunal awards £2 to claimant denied companion at disciplinary hearing

24 Apr 2017

Stephen Simpson rounds up recent decisions published on the online database of first-instance employment tribunal judgments

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General election 2017: five things to know about politics in the workplace

19 Apr 2017

Can employers prevent staff from political campaigning at work? Should employees be banned from displaying their political allegiance, for example...

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Expired warnings, final warning

Does a new tribunal decision mean expired warnings are past their “use by” date?

5 Apr 2017

A recent employment law ruling that it was fair to dismiss an employee partly on the basis of an expired...

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£25,000 for early termination of apprenticeship contract

4 Apr 2017

An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early. Stephen Simpson...

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manage-out

How should HR react to demands to manage out employees?

28 Mar 2017

If employees aren’t working out, managers can be impatient to move them out of the organisation. How can HR strike...

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Long-term sick leave dismissals: court guidance on borderline cases

21 Mar 2017

The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

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BBC reporter’s employment case struck out

8 Mar 2017

An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

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In China, 2017 is the year of the rooster. Photo: Sipa Asia/REX/Shutterstock.

Seven facts about employment law in China

27 Jan 2017

What is the Chinese statutory public holiday entitlement for employees? Do employers have to pay a premium for working during...

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The BBFC rates the 1978 classic Halloween as an 18 for its atmosphere of "strong threat" and graphic depictions of killingsMoviestore Collection/REX/Shutterstock.

Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

9 Jan 2017

Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

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